Court No. - 33
Case :- WRIT - A No. - 58920 of 2014 Petitioner :- Shafique Ahmad Ansari Respondent :- State Of U.P.And 14 Others Counsel for Petitioner :- Gulab Chandra Counsel for Respondent :- C.S.C.,Rakesh Kumar Mathur,Rampyare Lal Srivastava,Subash Chandra Srivastava
Hon'ble Ashwani Kumar Mishra,J. Civil Misc. Amendment Application No.92056 of 2016 Allowed.
Petitioner is permitted to carry out the amendment within a week.
Order on petition
Petitioner holds a degree of M.Sc. in Botany and was appointed as Scientific Assistant on 02.04.1997 in U.P. Forensic Science Laboratory Department. His grievance is that persons appointed later in point of time have been promoted to the post of Senior Scientific Assistant but such benefit has been denied from the date on which such benefit were extended to petitioner's juniors.
With reference to Annexure No.5 to the writ petition it is pointed out that one Om Prakash Singh and Awadesh Kumar Tiwar were appointed in February, 1998, but have been allowed promotion to the post of Senior Scientific Assistant w.e.f. 07.12.2005 while petitioner has been granted benefit of promotion to the post of Senior Scientific Assistant only w.e.f. 13.01.2016. It is contended that no reason exists for denial of promotional benefit to the petitioner from the date his juniors have been granted such benefit.
Although a counter affidavit has been filed but the authorities have not disputed the grant of initial appointment to petitioner as also the fact that persons appointed later were promoted in the year 2005. It is also stated that seniority was determined by the tribunal and thereafter the petitioner has been granted benefit of promotion.
Law is settled unless reasons exist for denial of such benefit the employee who is senior is entitle to the benefit of promotion where promotion is to be granted on the basis of seniority at least from the date his juniors have been granted such promotional benefit. In such circumstances the respondents are directed to consider petitioner's claim for grant of promotional benefit from the date his juniors have been granted such promotional benefit. A specific order in that regard shall be passed by the competent authority i.e. Respondent no.2, within a period of three months from the date of presentation of a copy of this order. It goes without saying that in the event petitioner is found senior and his juniors have been granted promotion on the higher post from a previous date then such benefit shall be extended to the petitioner also from the date his juniors have been granted benefit of promotion.
Order Date :- 28.9.2021 Abhishek Singh